Supermac’s boss plots major move after ‘result’ in McDonald’s Big Mac battle

SUPERMAC’S boss Pat McDonagh has told how he is relishing the moment after giving fast food giant McDonald’s a big whack in a trademark battle.

Europe’s highest court ruled that McDonald’s could not use the Big Mac trademark when it came to poultry products such as chicken sandwiches.

The ruling also deprives McDonald’s of using the term Big Mac as a protected trademark when branding its restaurants, drive-through facilities and for the preparation of carry-out food.

The European Court of Justice upheld a complaint by Irish fast-food company Supermac’s against global burger giant McDonald’s in a long-running dispute over the use of the “Big Mac” trademark.

The Luxembourg-based General Court found that McDonald’s had not made genuine use of the trademark within a continuous period of five years in the European Union.

McDonald’s had registered the trademark for Big Mac in Europe as a food and under a category for restaurant names.

It meant US mega chain McDonald’s could argue against Galway company Supermac’s opening fast food outlets elsewhere in the EU on the basis it could cause confusion to customers.

But the General Court of the ECJ said McDonald’s had not proven genuine use of the trademark as a restaurant name to effectively block Supermac’s expanding into Europe, or for use when it came to selling chicken products.

The ECJ ruled that McDonald’s would lose the Big Mac trademark when it comes to poultry products and how it branded its restaurants and drive-through operations.

Speaking to the Irish Sun, overjoyed Supermac’s managing director McDonagh opened up on his beef with McDonald’s and welcomed the decision of Europe’s top court to revoke the Big Mac registration.

‘Common sense approach’

He told us: “We’re delighted with the decision. It is a common sense approach.

“McDonald’s have a lot of trademarks, hundreds of trademarks registered but they weren’t using them. So basically it (the ECJ ruling) opens the door that if you are going to register a trademark, you are going to have to use it.

“What precipitated that action is that they trademarked one of our brands, what we would call our brands, the SnackBox. And that urged us to take action.

“So it is a good result, it is a good result for small businesses across the world, anyone who wants to register a Mac in their name. It is a big result for that.”

‘David versus Goliath’

McDonagh described the Irish firm’s long-running trademark war with McDonald’s as a “David versus Goliath” fight.

McDonald’s initially registered the “Big Mac” trademark in the European Union in 1996.

But in 2017 Supermac’s filed an application for revocation of the Big Mac trademark in relation to certain goods and services on the basis that McDonald’s had not made genuine use of it.

The European Union Intellectual Property Office partially ruled in the Irish company’s favour in 2019, which meant Supermac’s was allowed to use the Big Mac term on food it sold.

Ruled in Supermac’s favour

McDonald’s was still allowed to use the trademark on poultry products and also with McDonald’s outlets and drive-ins.

Supermac’s challenged this part of the ruling before the ECJ, which has now ruled in its favour.

Reflecting on the long-running tussle, McDonagh said: “We knew when we took on this battle that it was a David versus Goliath scenario. The original objective of our application to cancel was to shine a light on the use of trademark bullying by this multinational to stifle competition.

“We have been saying for years that they have been using trademark bullying. They trademarked the SnackBox, which is one of Supermac’s most popular products, even though the product is not actually offered by them.

‘Vindication of small businesses everywhere’

“We can be proud to be part of a Europe in which all are equal. Small is no longer a disadvantage.

“We wholeheartedly welcome this judgement as a vindication of small businesses everywhere that stand up to powerful global entities.”

The Irish Sun asked the Supermac’s supremo whether the firm now intended to expand across Europe and the UK following the trademark triumph.

And McDonagh served up hot news, telling us: “Yes, absolutely, absolutely.

“It (trademark issues) has restricted our opportunity to move elsewhere. It is full steam ahead.”

UK trademark application

Supermac’s have applied for a trademark in the UK following Brexit, which McDonald’s opposed.

A showdown over the UK fight is expected some time later this year, with the case currently winging its way through the British patent court.

McDonagh told the Irish Sun: “We’ll probably have to go through another scenario because the UK is no longer in the EU but that’s another story for another time.”

A McDonald’s spokesperson said: “The decision by the EU General Court does not affect our right to use the ‘BIG MAC’ trademark. Our iconic Big Mac is loved by customers all across Europe, and we’re excited to continue to proudly serve local communities, as we have done for decades.”